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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-21-2019, 01:14 PM
Nikolina Nikolina is offline
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Default Family Law Trial

Hi, I was wondering if anyone went through a trial on a family law matter?

How much does it cost and what are the steps to get ready.

Is it possible to do it on your own, without a lawyer?
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Old 05-21-2019, 01:58 PM
rockscan rockscan is offline
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Lots of people have gone through it. Go to canlii.org and do a search in your province. Depending on the complexity of your case, you may not be able to do it alone. Trials with a lawyer run from $8,000 to $40,000 JUST for the trial. Has there been any discussion about settling? Have you sent an offer to settle?
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Old 05-21-2019, 10:54 PM
Nikolina Nikolina is offline
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I am not the one interested in it. Just trying to calculate what it will cost me if my husband decides to go with it.
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Old 05-22-2019, 12:39 AM
denbigh denbigh is offline
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It shouldn’t cost you anything. If your husband wants to do it, shouldn’t he pay for it? I’d doesn’t have anything to do with you
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Old 05-22-2019, 06:37 AM
tilt tilt is offline
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Trials definitely cost more than $40,000. I believe it is estimated to cost $30,000 for a two-day trial and few Family Law trials are that short. If there are experts involved, such as for parenting issues, or any financial issues beyond just using T4s (investments, self-employed, family money etc) the costs increase. If you win, you get *some* of your costs back. That being said, sometimes they ad the only option in black and white cases such as an employee person flat out refusing to pay any child support, or if parenting time is being denied entirely. The threat of a trial can be used to promote mediation - if it costs you $30,000 for a trial, it also costs the other side, even if they are self-repping. The only ones who win at trial are the lawyers (and there are definitely lawyers that promote trials, especially in high conflict situations, because of the payday)

TL;DR avoid trials unless the only option being offered by the other side is literally nothing.
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Old 05-22-2019, 08:08 PM
Nikolina Nikolina is offline
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A settlement in this case feels like a bribe to me in the response of the blackmailing me with the trial.

My ex stayed unemployed for 2 years prior to separation and blackmailed me with the perspective of SS to stay in the marriage. I left, he remained unemployed and started SS application just to get back to me. All this time no child support and didn't even see our daughter. I am the only adult taking care of her and now have to pay the lawyer to protect myself.

To pay him off just to satisfy his ego feels very unfair to me . He never contributed anything g to the family, and except his lack of career development and voluntarily unemployment- there is no reason for him to get support from me. The whole situation is unreal, that more diligent and hardworking parent need to pay the lazy and irresponsible $$ just out of fear of legal costs in trial...
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Old 05-22-2019, 08:10 PM
Nikolina Nikolina is offline
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How realistic is it to get it done without a lawyer? He doesn't have money to afford a trial with the lawyer. But he is quite determinant to get his revenge and at least create some expenses on my side during the process.
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Old 05-22-2019, 08:34 PM
tilt tilt is offline
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I have been self-repping and the expenses have not been onerous, the TIME has been (research, filling out paperwork, filing, attending conferences you know are going nowhere etc. Would he be eligible for legal aide? That could throw a wrench into your strategy (and personally I am appalled legal aide is used by deadbeat parents to defend against claims for CS, that really needs to change). Have you counter filed for child support and (possibly?) SS for yourself? He can file for SS all he wants, it doesn’t mean he is entitled to it or will be awarded it. Start gathering evidence that he was NOT the primary parent when you were together, even though he was the unemployed one (I am just assuming that based on him having no contact with his daughter post-separation).

Most provinces have a lay persons’ guide to the court system online that you can read. As a self-rep the courts try to guide you a little bit, but taking imitative to do research, read practice notes and completely read your jurisdiction’s Family Law Act and rules wil significantly help.
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Old 05-22-2019, 09:52 PM
ninehundredt ninehundredt is offline
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Not meaning to hijack this thread, but since we're on the subject of trials, can anyone confirm whether it's common practice for a lawyer to have their legal assistant attend each trial date?

How long is a typical day of trial? I've gotten estimates from different lawyers. Some quote ten hours per day for trial, where others quote 6 hours.
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Old 05-23-2019, 10:37 AM
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Janus Janus is offline
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Quote:
Originally Posted by Nikolina View Post
A settlement in this case feels like a bribe to me in the response of the blackmailing me with the trial.
Well, after you spend $40,000 on your trial, I am sure that you will feel really good about having stood up for yourself. Can you really put a price on smug satisfaction?

Quote:
My ex stayed unemployed for 2 years prior to separation and blackmailed me with the perspective of SS to stay in the marriage. I left, he remained unemployed and started SS application just to get back to me.
Alternative explanation: He is unemployed, and needs money. You have money. You possibly also owe him SS. You refuse to pay him SS, so he has to start an SS application.


Quote:
To pay him off just to satisfy his ego feels very unfair to me.
I'm not sure how you got the idea that family law has anything to do with fair. Some horribly unfair things happen in family law, your case would not be the first.

Side point: Offhand, what you think is unfair does not even sound all that unfair.

Side point 2: You DO realize that you are refusing to pay him off just to satisfy your ego, right?

Quote:
He never contributed anything g to the family, and except his lack of career development and voluntarily unemployment- there is no reason for him to get support from me.
So said almost 90% of husbands getting divorced from some useless sludge of a wife. The country is full of guys who work hard for decades putting in 70 hours weeks, and have half of it taken away by their worthless spouses.

Spoiler: They usually end up paying support.

Quote:
The whole situation is unreal, that more diligent and hardworking parent need to pay the lazy and irresponsible $$ just out of fear of legal costs in trial...
Welcome to family law. At least you still have your kid. Fathers often get a bonus kick in the teeth: Because they worked hard, they have seen the kid less, so they lose the kid. Because the moms were unemployed losers, they were with the kid more, so they get to keep the kid... and the money.

Seriously, as the saying goes, your situation is common as dirt. Your sense of victimhood is cute, but on the scale of injustices, your story doesn't even bear a mention. Stop being such a wannabe noble justice warrior, settle the case, and move on with your life.
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